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Can You Be Denied Workers’ Comp Due to Drug Use?

Erwin, McCane & Daly | Tuesday, January 29, 2019

The purpose of workers’ compensation is to ensure that employees who are injured on the job are fairly compensated. That being said, there are a few things that can disqualify you from receiving it, including if the injuries were self-inflicted, the employee was violating the law or company policy, or if the employee sustains injuries due to intoxication or illegal drug use. 

A Positive Drug Test Is Not Always Fatal

Employers should always have a drug testing policy in place for its employees. Drug tests should be administered as soon as possible after the injury occurs for the most accurate results. They should also be administered by the hospital and sent to a reputable lab. 

Even if the employee fails the drug test, the employer may have to prove that the injury occurred because of intoxication. However, employers can still fire employees for illegal activities despite a work place injury taking place.

In the end, it all comes down to the facts and details surrounding the employees’ case. This is why it’s important to speak with a workers’ comp lawyer before preceding with a case. 

We have significant experience representing employees who have been denied workers’ comp for various reasons, including drug use. Contact us for legal help today.